Re-examinations cannot be extended unless requested by a doctor. The doctor must provide, on letterhead, the reason for the extension and the length of the extension. If the extension time period is to be longer than two weeks from the original time request then the restraint will go into effect. When the driver is able to take and pass the re-examination on the first attempt, the action will be rescinded.
Expressed Consent Hearings (DUI and Alcohol/Drug Stops)
If you are arrested for driving under the influence of alcohol and/or drugs, the arresting officer will confiscate your license and fill out and provide you with an "Expressed Consent Affidavit and Notice of Revocation."
Critical Deadline: 7 days
- You have 7 calendar days from the date of your arrest (or the date on the DMV letter if you took a blood test) to request an Expressed Consent Hearing.
- If you miss this 7-day window, you automatically waive your right to a hearing, and your license will be revoked.
How to Request an Expressed Consent Hearing:
- Go to Request a Hearing on myDMV
- If your hearing is approved, you will receive a temporary driving permit that is valid until the date of your hearing.
- Note: Hearings are currently conducted virtually via Zoom.
Point Suspension Hearings
If you accumulate too many points on your driving record (e.g., 12 points in 12 months for an adult), you will receive a Notice of Suspension in the mail.
A Hearing Will Be Automatically Scheduled
At a points hearing, you cannot appeal whether you were guilty of the traffic tickets (that happened in traffic court). However, you can appeal the points suspension to:
- Ensure the DMV calculated your points accurately.
- Point out mitigating circumstances.
- Request a Probationary Driver License: If suspended, you can ask the Hearing Officer for restricted driving privileges so you can continue driving to and from work or other places as needed.
How to Request a Non-Alcohol Hearing:
For points or insurance, do not use the Expressed Consent l hearing request option. Instead, you must request a hearing by emailing the Hearings Division at dor_info_hearings@state.co.us. Your email must include your full legal name, date of birth, Colorado driver license number, action number or letter number, current mailing address, and current phone number.
How to Request a Child Support Hearing:
In Colorado, driver's license suspensions for unpaid child support are handled through Colorado Child Support Services. Please submit requests for suspensions based on child support obligations to the state child support enforcement agency for referral to the delegate child support enforcement unit. 26-13-123(5)
What to Expect at Your Hearing
DMV hearings operate like "mini-trials," but they are civil, not criminal. The burden of proof is lower ("preponderance of the evidence," meaning it is more likely than not that the violation occurred).
- The Evidence Packet: Before the hearing, the DMV will provide you (or your attorney) with an Expressed Consent packet containing the police report, chemical test results, and other documents.
- The Process: The Hearing Officer will review the evidence, swear in the arresting officer (if subpoenaed/requested), and allow you or your attorney to cross-examine the arresting officer and present your own evidence.
- The Decision: The Hearing Officer will issue a written decision. If the hearing is sustained, your driving privileges will be revoked or suspended, and you must begin the Reinstatement Process. The written order from the Hearing Officer will be mailed to you.
Reinstating Your Driver License
You are eligible to reinstate if you have served all the time that was required under restraint on all of your restraint actions. The department will reinstate a driving privilege if all of the reinstatement requirements are met and your driving privilege is not under restraint for any other type of action.
There are special conditions that affect reinstatement requirements:
- A Blood Alcohol Content (BAC) on a chemical test of 0.15 or above results in a Persistent Drunk Driver designation.
- The refusal of a chemical test at a traffic stop results in a Persistent Drunk Driver designation.
- If you have multiple alcohol violations or refusals on your record, the wait time for early reinstatement with Interlock is up to two months.
Driver license reinstatement requirements can include:
- Installation of an Ignition Interlock Device
- SR-22 insurance
- A payment of a reinstatement fee
- Alcohol and drug education and treatment
Find out more about the reinstatement process here.
View your reinstatement requirements and upload documents on myDMV here.
Ignition Interlock Restricted License
Interlock is an Ignition Interlock Device that is installed on motor vehicles to prohibit individuals from operating a vehicle while under the influence of alcohol. It requires a breath sample before the engine will start, and you are periodically required to provide breath samples while driving. If the device detects an elevated alcohol concentration level, the vehicle will not start.
Click here to learn more about the Ignition Interlock Program.
SR-22 and Insurance Information
You may be required to file an SR-22 form when you reinstate from specific suspensions and/or revocations. The SR-22 requires the insurance company to notify the DMV of any policy cancellation. The SR-22 form is not an insurance policy.
If you don't keep the SR-22 current, the insurance company will notify the Motor Vehicle Division that the SR-22 is no longer in effect, but is still required. Your driver license will be suspended for that reason alone.
When you purchase liability insurance, the insurance agent can provide the SR-22 form. When the liability insurance with the SR-22 rider is purchased, the form must be filed with the Colorado Division of Motor Vehicles.
Click here to learn more about SR-22 and Insurance Information.
Frequently Asked Questions
Yes. While not required, you have the right to hire a defense attorney to represent you. Because these hearings are highly technical, many drivers choose to have an attorney handle the cross-examination and evidence objections.
The Colorado DMV Hearings Division complies with all state and federal disability laws. You can submit an ADA Accommodation Request form, and the Hearings Division will arrange reasonable accommodations for your virtual or in-person proceeding.
When you request your Expressed Consent hearing, you will be asked if you want the arresting officer present. If you initially say no, but change your mind later, you must formally request a subpoena from the Hearings Division at least 5 days before the hearing.
- What is the process?
- All evidence packets submitted to the Department by law enforcement agencies in support of per se/expressed consent cases are scanned and stored electronically. Once a hearing request is granted, a courtesy copy of the documents is mailed to the party that requested the hearing. There is no charge for this copy. At the hearing, the Hearing Officer reviews the scanned electronic duplicate of these same documents. The paper originals are no longer provided to the Hearings Division.
- Why doesn't my evidence packet say when my hearing will be?
- Two separate processes are involved. When a hearing is requested, Driver Control sends a copy of the documents received (the evidence packet) to the party that submitted the request. In addition, Driver Control notifies the Hearings Division that a hearing has been granted and needs to be scheduled. The scheduling doesn't occur for several weeks. Once Hearings sets the date, a notice indicating the date, time, and location (or telephone number) for the hearing will be mailed to the same address. However, this is a separate letter and will most likely arrive a few weeks after the evidence packet.
- What is the difference between my copy of the packet and the Department originals?
- There should be no difference. When the documents are received by the Department, the "original" documents are scanned. The copy (evidence packet) issued to the party that requests the Hearing is a print of the scanned documents. When the hearing is held, the Hearing Officer will be viewing the scanned documents electronically. As a result, no difference should exist between the documents received by the Department, the copy issued to the party requesting the hearing, or the electronic documents used by the Hearing Officer to conduct the hearing.
- Can I review the scanned original documents received by the Department?
- If you wish to compare the originals on file with the Department to the copies sent to you as a result of a hearing request, you can fax or mail the Original Document Review Form to Driver Control. The Department will contact you within five business days of receipt of the request to schedule the review. Once scheduled, a confirmation of the date and time will be sent by fax, e-mail, or regular mail. The scanned originals can be reviewed only at the DMV office located at 1351 5th St. Suite 100 Denver, CO 80204.
- If you make your request during the hearing, the Hearing Officer will provide you with a copy of the Original Document Review Form. You can also request a copy via fax by calling 303-205-5792. The documents reside with Driver Control and are NOT provided to the Hearings Division. You will need to contact Driver Control as indicated on the form provided by the Hearings Officer. The hearing will continue as scheduled, but you will have the opportunity to notify the Hearing Officer if any discrepancies are noted in the comparison. The thirty-day time for appeal of the Hearing Officer's decision is not tolled, so you will want to request the review as quickly as possible.
- Why are the documents only available for review at 1351 5th St. Suite 100 Denver, CO 80204?
- By statute, Driver Control is the Custodian of Records for the Department of Revenue. As discussed above, the original documents filed by law enforcement agencies in support of per se/expressed consent cases will be scanned and thereafter stored electronically. The originals will be maintained by Driver Control for ninety days, in part to allow for comparison with copies by Respondents and/or their attorneys. To guarantee the integrity of the originals, a representative of Driver Control will be present when the reviews occur.
- I need an additional copy of the evidence packet. How do I get one?
- Download the DR 2664 Per Se / Expressed Consent Document Request form from the Forms page here. Follow the instructions on the form.
- Can I have a third party compare my copy and the scanned original documents?
- Yes, although because the documents contain privacy-protected information, the Department will need to receive authorization in writing from either you or your attorney before this can occur. Such authorization must indicate the name and date of birth of the third party, and must be signed and dated by you or your attorney. Authorizations from attorneys must be on letterhead. An authorization can be faxed to 303-205-5960 or dropped off at 1351 5th St. Suite 100 Denver, CO. 80204. You must provide the written authorization to the Department no fewer than two business days before the review is to be completed.
- I have questions about the hearing. Who can I contact?
- The Hearings Division can be reached by calling 303-205-5606.
- Or you can email the Hearings Division at dor_info_hearing@state.co.us
- Your email should include your full legal name, date of birth, Colorado driver license number, action number or letter number, current mailing address, and current phone number.
Additional Resources
For additional information about how to reinstate driving privileges, you can submit an Information Request for Reinstatements, DUIs, Suspensions, and SR-22 here or call DMV Driver Services at 303-205-5613.